Galloway and Collens, PLLC

Trusted legal representation throughout Michigan

248-397-5507 | 888-349-0309
Existing clients call 248-545-2500
Main Navigation

Galloway and Collens, PLLC Legal Blog

Do I need a lawyer for a landlord-tenant dispute?

Whether you are a landlord dealing with an unruly tenant or a tenant facing ongoing issues with your landlord, disputes can quickly escalate and become overwhelming to deal with.

Many people consider the idea of hiring a lawyer, but worry about the cost and the amount of time it could take to resolve the issue. It isn't until the issue has escalated that most individuals consider hiring legal counsel.

New bill would allow local regulation of oil drilling in Michigan

There are many different legal disputes a business could potentially find itself in in relation to property it has here in Michigan. One are disputes regarding local regulations. Townships and counties in the state generally have a variety of different regulations regarding land use and what sorts of business operations can be performed where. These regulations can strongly impact whether a business is able to use a property it has in the way it desires. Experienced real estate attorneys can help businesses that want to use a property they have in a way that is barred by local regulations look into whether they could pursue a zoning variance or some other legal solution that would allow them to use the property in the way they wish.

Legislation has recently been proposed here in Michigan which would expand the regulatory abilities of counties and townships in the state. Specifically, this new bill would allow townships and counties to put forward regulations on an activity that they currently are not authorized to regulate: oil drilling.

Understanding a purchase agreement's terms very important

In a real estate deal, one incredibly important document is the purchase agreement. There are many different terms a real estate purchase agreement can contain. Such terms can touch on a wide range of different details regarding the transaction. In a real estate deal, every little detail has the potential to be impactful. Thus, what terms a real estate purchase agreement has can have major and long-lasting impacts on both the buyer and the seller.

Thus, when trying to purchase a piece of real estate, it can be incredibly important to understand what the various terms of the proposed purchase agreement mean before deciding whether or not to sign the agreement. Having such understanding can help prevent a person from being surprised down the line regarding what exactly they agreed to by signing the agreement. It can also help a person identify whether they may want to try to get the agreement revised before signing it.

Paperwork key to avoiding landlord tenant disputes

A legal contract between a landlord and a tenant is put in place as a means of protecting both parties. In Michigan, a lease is the most common document used and is key to both ensuring clarity and preventing landlord tenant disputes from arising. Unfortunately, even after signing a lease, a dispute can still occur and legal action may become necessary. By following a few simple tips, both tenants and landlords can minimize the chances of disputes and also be more prepared to defend their rights should one occur.

The most common reason for disputes is the non-payment of rent. Often this type of dispute is the result of the tenant having a problem that he or she feels is not being handled by the landlord. However, regardless of whether the landlord is living up to his or her end of the lease, the non-payment of rent is typically seen as a breach of the lease. It is always recommended that a tenant continue to pay rent as an issue is dealt with legally.

After honeymoon, couples should start an estate plan

Typically when people marry, they merge all they have and start a new life together. Part of that merging of two lives is preparing for the future with each other. For any couple just starting out in Michigan, it may be a good idea to think about working on an estate plan together once the honeymoon is over.

After starting a new job, an employee is usually asked to fill out paperwork for life insurance and retirement accounts. A single person often names his or her parents as beneficiaries on work life insurance plans and retirement accounts. Once married, it is imperative that a newlywed change the beneficiary listed to his or her new spouse because that spouse may be left out in the cold if something unexpected happens.

What is the minimum time period for adverse possession in Michigan?

When a person owns real estate, one of the worst things they could have happen in regards to their property is losing some of their property without receiving any compensation for it. One thing that can sometimes lead to this occurring is when another party, without permission, uses the property for a long period of time.

This is due to the legal doctrine of adverse possession. Under this doctrine, a trespasser can make a claim for rights to a piece of real estate if they used the property without permission in an open and public manner for a certain period of time and meet certain requirements.

Having the right screening questions important for landlords

The decision of whether or not to rent out a property to a given prospective tenant can be a very big one for a landlord. It is a decision that could potentially have significant impacts on the landlord, the prospective tenant and other tenants in the landlord's building. Thus, having the right information when making this decision can be very important for a landlord.

There are many different methods landlords use to acquire information to make informed decisions regarding prospective tenants. One is asking prospective tenants screening questions.

Residential real estate transactions need special attention

For many people, a real estate transaction may be the biggest purchase or sale they ever experience. Residential real estate transactions need special attention, as they can often entail a great deal of money and possibly a great deal of confusion. Because every Michigan residential real estate transaction is as unique as the property and people involved, it is vital to have comprehensive and reliable legal guidance.

When the transaction involves the sale of property to another individual, there will be the need to draft purchase agreements and other closing documents. This can also be a time when a dispute occurs, and any kind of dispute can put the entire deal in jeopardy. Having legal guidance resolve a dispute before the closing takes place can be beneficial for everyone involved and ensure that a transaction is handled legally and without further dispute after the fact.

Would legalizing demands for payment by email improve collections?

If you've been a landlord in Michigan for long, you've probably had to deal with at least one eviction where you ended up losing money. One situation in which landlords lose out, however, may come as a surprise: Your noncompliant tenant leaves before you get a chance to serve an eviction notice.

Even when it's a relatively uncomplicated matter of unpaid rent, tenants who violate their leases can cause a lot of economic harm to landlords. Of course, evictions are needed in situations other than nonpayment -- some lease violations result in costly damage to the unit.

In most situations, your recourse as a landlord is eviction, which begins with a written demand for possession or payment. Under current Michigan law, this demand must be served either via first-class mail or given directly to the tenant (or to another suitable person).

But how do you mail out an eviction notice when you're tenant's last known mailing address is the apartment they just moved out of? Lack of a forwarding address can also affect personal service, potentially requiring a lot of persistence or even a professional process server.

Bill on landlord banning of medical marijuana being considered

There are many different rules here in Michigan regarding what sorts of prohibitions landlords can and cannot put in the leases they form with tenants. Currently, a bill is before the state's legislature which would clarify what the rule is when it comes to the permissibility of landlord bans on medical marijuana use.

In 2008, Michigan voters approved a law which legalized medical marijuana. One question that arose after this was: are landlords allowed to prohibit tenants from smoking medical marijuana on rented properties? In 2011, the Michigan Attorney General issued an opinion indicating that the answer to this question is yes.

Privacy Policy | Business Development Solutions by FindLaw, a Thomson Reuters business.